An employer lawfully terminated an employee pursuant to an attendance policy that did not distinguish between absences for medical reasons and other reasons, according to the Seventh Circuit Court of Appeals. Basden v. Professional Transportation, Inc. (7th Cir. May 8, 2013). Some of the plaintiff’s absences were due to the onset and symptoms of her
absence
Excusing Absences as a Reasonable Accommodation–Part 2
By Jackson Lewis P.C. on
Posted in ADA
The "law" or "lore" requiring employers to accommodate employees by excusing absence has reshaped employer attendance and productivity expectations. Some say the law, as interpreted by the Equal Employment Opportunity Commission, goes too far and creates an elusive and unworkable standard for managing employee attendance and productivity.
To assist our clients and contacts in separating…
ADA, FMLA Collide at Wisbey and Carmona
By Jackson Lewis P.C. on
The ADA and FMLA collided in two cases recently and, whenever that occurs, accident reconstruction, so to speak, is in order. In Wisbey v. City of Lincoln, NE, emergency dispatcher Wisbey was granted intermittent FMLA leave for the "next 6 months or longer" because of depression and anxiety. Her FMLA paperwork prompted the…